Principle One who dishonestly misappropriates or converts to his own use or sells any movable proper...........

Indian Penal Code (IPC) 1860 Others

Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilt y of the offence of misappropriation.

Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to him self. Subsequently, 'A', on discovering his mistake, without disclosin g the actual facts, dishonestly sells the property to a stranger.

'A' may be guilty of theft but not for misappropriation.

'A' is guilty of an offence of misappropriation.

'A' is not guilty because when he took the property, he believed in good faith that it belonged to him.

'A' is not guilty as the property can be recovered from the stranger.

Explanation:

Misappropriation involves the element of ‘conversion’ of the movable property into another form. In the given situation the initial possession of A is innocent as he believes in ‘good faith’ that the property belongs to him. However despite of the subsequent realization that he was mistaken, he sold the property to a stranger. 'A' is guilty of an offence of misappropriation.